GURU GHASIDAS VISHWAVIDYALAYA

FACULTY OF LAW

6th SEMESTER

Assignment
TOPIC- Temporary Injuction

SUBMITTED BY:
Saurabh Singh
B.A.L.L.B 6th SEMESTER
ROLL NO. 21099152

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 Acknowledgment

I would like to acknowledge and give my warmest thanks to

Sudhanshu Shekhar Bisen Sir who made this work possible. His/her
guidance and advice carried me

through all the stages of writing my project. I would also like to thank
my committee members for letting my defense be an enjoyable
moment, and for your brilliant comments and suggestions, thanks to
you.

I would also like to give special thanks to my family as a whole for

their continuous support and understanding when undertaking my
research and writing my project. Your prayer for me was what
sustained me this far.

Finally, I would like to thank God, for letting me through all the
difficulties.

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 Certificate
This is to certify that the project report entitled “Temporary
Injuction" submitted by Saurabh Singh has been carried out under
the guidance of Sudhanshu Shekhar Bisen. The project report is
approved for submission requirement for Internal 2 Project in 6th
semester in BALLB Guru Ghasidas Vishwavidyalaya, Bilaspur,
(C.G)

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 INDEX
1) Introduction………………….[V]

2) Types of Injunctions……………[V-VI]

3) Temporary Injunction (based on time)………..[VI-VIII]

4) Requirements for Temporary Injunctions…………………….[IX-XII]

4.1) 1. Prima Facie Case

4.2) 2. Irreparable Loss

4.3) 3. Balance of convenience

5) Can an injunction be granted to Defendant?................[XII-XIV]

5.1) The opinions of various High Courts on the subject

5.2) Final Interpretation

6) Conclusion………………[XIV]

7) Bibliography………………[XV-XVI]

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Introduction

An injunction is a restraining writ issued by a court at the request of a party

plaintiff, directed to a party defendant in action, or a party made a defendant for
that purpose, barring the other from doing something, or allowing his servants
or agents to do something, that he is threatening or trying to do, or restraining
him from continuing to do something, that is unjust and unfair, harmful to the
Plaintiff, and unable to be effectively redressed.

Types of Injunctions

1. Preliminary Injunction
2. Preventive Injunction
3. Mandatory Injunction
4. Temporary restraining order
5. Permanent Injunction

Injunctions are documented by several Relief Acts (Specific Relief Act, 1963)
and are carried out following the Civil Procedure Code, 1908.

For example – if the Plaintiff is suing a name and a particular label for his
product of, let’s say, pencils to sell them in the market and found that Defendant
has been using the same label and copyrighted name to sell his products of
pencils and stationery then the Plaintiff can file suit demanding Injunction based
on trademark infringement or through intellectual property rights.

Suppose someone is demolishing a building on which another person has rights.

In that case, that person may approach the appropriate Court to order that such
person not demolish the property until the claim for the building is resolved and
a judgment is rendered in his favor.

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An injunction is a court-issued remedy that prevents the commission of a threat
of wrongdoing or the continuance of a wrongdoing that has already occurred
commenced.

Temporary Injunction (based on time)

The Court may impose a temporary restraining order to prevent the Defendant
from causing any damage to the Plaintiff’s property or threatening to sell it.
This is an interim relief provided to ensure that Plaintiff’s rights are not
violated. The Court can issue this Injunction at any point throughout the trial,
even before the case is resolved. The Civil Procedure Code of 1908 governs
temporary injunctions. The following are the provisions that govern it

Section 94 – This section tries to prevent the defeat of justice. Sub clause (c)
refers to awarding temporary injunctions and, in the event of non-compliance,
even condemning the individual to civil prison or ordering the attachment and
sale of his property.

Section 95 – If the Plaintiff’s claim is dismissed, the Court may award the
Defendant to compensate if he requests it.

Order 39 of CPC –

1. Order 39, Rule 1 lists the circumstances in which the Court may grant a
temporary injunction as a statutory relief, and they include:-

1. If the property in question is in danger of being squandered,

damaged, alienated, or unlawfully sold by one of the parties to the
litigation, the Court may order that it be maintained.
2. If Plaintiff is threatened with eviction or property damage by
Defendant during the property dispute.
3. Assume Defendant has broken the law or breached a contract. The
ground described before is also emphasized in Order 39, Rule 2 of
the CPC, 1908.

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 4. Finally, if the Court believes it would be in the best interests of
justice, it may issue an injunction.

2. Order 39, Rule 2-A, deals with an individual’s failure to comply with an
injunction; they are fined.

1. It stipulates that the person be held in civil prison for a maximum

of three months.
2. It also allows for the attachment of that person’s property for a
period of up to a year. If the delinquency persists, however, the
property may be sold.

3. In most cases, the court must notify the opposing party of the injunction
request. Even yet, under Order 39, Rule 3, the Court can issue an ex-parte
injunction if it feels the order’s aim will be jeopardized by the delay. In the case
of Union of India v. Era Educational Trust[1](2000), the Supreme Court
established precise guiding principles for courts to follow when deciding on an
ex-parte injunction.1

1. Will Plaintiff suffer irreparable harm as a result of Defendant’s

actions?
2. Is there a greater risk of injustice if an ex-parte injunction is not
granted?
3. Is it possible that the timing of the application for an ex-parte
jurisdiction was chosen with malice?
4. The courts will also take into account the broad concept of
balance as well as irreparable harm.

4. According to Order 39, an injunction may be cancelled, altered, or set aside if

any unhappy party files an appeal against it.

1
Union of India v. Era Educational Trust[1](2000),

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i. The injunction was issued without the participation of the other party,
notwithstanding the fact that the injunction application and supporting
documentation contained intentionally false or misleading assertions. As a
result, the Court will lift the injunction. It can, however, keep the injunction in
place if it judges – for reasons to be documented – that it is not essential for the
discussion of injustice.

ii. Furthermore, if the party against whom the Injunction is given has endured
undue burdens due to a change in circumstances, the Court may set aside the
Injunction.

5. Order 39, Rule 5 emphasizes that if an injunction is given against a

corporation or a business, the Court’s authority extends to the corporation as a
whole and the members and executives of the corporation whose personal
actions it wishes to restrain.

Requirements for Temporary Injunctions

1. Prima Facie Case

The basis for a lawsuit is a contested subject. The circumstances in those

inquiries suggest that the Plaintiff or Defendant may be entitled to
compensation. A prima facie case does not mean that the Plaintiff or Defendant
has constructed an impregnable case that will almost certainly win in court.
Simply put, the case they build for their Injunction must be strong enough to
avoid being rejected immediately.

2. Irreparable Loss

It would be a grave injustice if a person experienced irreparable harm as a result

of the lawsuit before his legal entitlement was determined in court. Situations
like frustration over the loss of a sentimental item, on the other hand, will not be

VIII
regarded irreparable damage. If the Court does not have a fair or reasonable
address, things that can be repaired by nature will be regarded irreparable
damage. When harm is persistent and recurring, or when it can only be repaired
through a series of litigation, it is usually irreversible. The difficulty of
determining the level of injury and inflicted damage is frequently referred to as
“irreparable damage.” However, just because it’s difficult to prove injury
doesn’t mean it’s irreversible.

3. Balance of convenience

The Court must weigh the parties’ cases and determine whether the comparative
harm or annoyance that would ensue if the Injunction was not granted is higher
than the harm or inconvenience that would result from granting it.2

These requirements were laid under the Dalpat Kumar and Another v. Pralhad
Singh And Others(1991[2]).

Facts of the case

A total of four litigation were brought in this case under CPC Order 39. On June
14, 1979, the appellant (Dalpat Kumar) and the respondent (Prahlad Singh)
agreed to the acquisition of a residential residence in Jaipur for Rs. 51,000. An
action for particular performance was filed by the appellant. The respondent’s
wife sought a provisional injunction for the repossession of the residential house
on April 28, 1984. The trial court denied the appellant’s request for an ad
interim injunction in May 1984, but the High Court upheld it on appeal on July
14, 1987.

The sons filed the lawsuit, saying that the residential residence was their joint
property and that no property sale would bind them. Thus they sought partition.
They also sought an interim injunction, which the High Court denied on July 7,
1988. The respondent filed the fourth lawsuit on December 7, 1988, alleging
that the first appellant had committed fraud. He then requested an interim order
to prevent the residential house from being repossessed. The High Court granted

2
Dalpat Kumar and Another v. Pralhad Singh And Others(1991[2]).

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an interim injunction preventing appellants from taking possession of the
residential house in an order dated February 26, 1991.

Judgment

The Supreme Court ruled that the High Court erred in evaluating the balance of
convenience in favour of issuing the injunction without taking into account any
significant circumstances, evidence, or alienation. The Supreme Court overruled
the ruling of the High Court and upheld the judgement of the trial court. The
Supreme Court further decided that the decision to award the respondent a
temporary injunction was made without considering all of the standards and
principles outlined in CPC order 39.

Examples where temporary Injunction can be granted

1. When any property in a suit is likely to be wasted, destroyed, and estranged

by any party to the suit, or illegally sold in in the operation of a decree; or

2. When Defendant threatens to deny the Plaintiff of his property or continues to

threaten to cause injury to the Plaintiff in relation with the property in dispute in
the suit; or

3. When Defendant threatens to deprive Plaintiff of his property or to inflict

injury to him.

4. In every circumstance, to prevent the Defendant from breaching a contract or

causing any other harm;

5. Where Sections 38 and 41 of the Specific Relief Act do not allow for the
grant of an everlasting injunction or an obligatory injunction;

6. Where to stay, the implementation of an order for the transfer, suspension,

reduction in rank, mandatory retirement, dismissal, removal, or other

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termination of employment of any individual appointed to a public service and
post in connection with State matters, including any employee of any
corporation owned or controlled by the state State Government.

7. Where to stay any disciplinary actions, pending or planned, against any

person assigned to the public service and to a post in connection with the State’s
business, including any employee of a corporation owned or controlled by the
State’s government; or

8. To place restrictions on any election

9. Where to suspend proceedings for the recovery of any dues receivable as

revenue on land until suitable security is supplied, and any injunction order
imposed in violation of these rules shall be null and void.

Can an injunction be granted to Defendant?

When deciding whether or not to award injunctive relief, the Court considers
the ‘Trinity of Principles,’ which include

(I) Balance of convenience;

(ii) Prima facie case; and

(iii) Irreparable harm or injury that cannot be repaid by money.

The Supreme Court recently issued a notice in the case of Tamminedi

Ramakrishna Etc. v. N. Jayalakshmi[3]. The issue was whether the Defendant
had any right to seek an injunction under Order XXXIX Rule 1 (c) of the Code.3

The SLP challenges the Karnataka High Court’s order affirming the Trial
Court’s decision and granted a temporary injunction under CPC in the

3
Tamminedi Ramakrishna Etc. v. N. Jayalakshmi[3].

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Defendant’s favor under Order XXXIX Rule 1 (a), (b), and (c) r/w Section
151 of the Code. The High Court attempted to separate the three sub-rules of
Order XXXIX Rule 1 of the Code, where sub-rules (b) and (c) provide a
remedy limited to the Plaintiff, as opposed to sub-rule (a), which is a general
provision, in the impugned ruling.

The opinions of various High Courts on the subject

The High Court of Travancore and Kochi (erstwhile) took the first position on
this issue when it answered the question of whether the Defendant can petition
for an injunction against the Plaintiff without filing a counter-claim. The Court
answered yes in light of authorities in English Law, holding that Defendant can
only seek a temporary injunction under CPC against Plaintiff if their claim
arises out of or is incidental to Plaintiff’s cause of action. For decades, several
High Courts have shared this viewpoint.

In Ganga Bricks Udhyog v. Jai Bhagwan Swarup[4], the Allahabad High

Court provided interim relief to Defendant by requiring Plaintiff to provide
security for Defendant’s loss in the event of the suit’s defeat. The Court found
that the Defendant’s damage incurred due to the stay orders should also be
protected because the defendants would be harmed if the claim was dropped,
dismissed, or if the status quo continued during the suit’s pendency.4

Final Interpretation

The Code provides for a variety of ways for a party to seek a temporary
injunction under CPC, as has been extensively debated. The legislature’s aim, in
the judgment, is evident from the terms employed in Order XXXIX Rule 1,
which specifically allows for the Plaintiff’s remedy against Defendant’s
action/inaction under sub rule (b) and (c) (c). It is just sub-rule (a) that is written
in a non-partisan manner. As a result, the legislature has made an intentional
distinction between Plaintiff and Defendant in terms of the remedies available
under the Code. As a result, it would be improper for the Court to rule in the
opposite direction, contrary to the legislature’s objective.

4
Ganga Bricks Udhyog v. Jai Bhagwan Swarup[4],

XII
Conclusion

A sort of equitable remedies is an injunction. The Court has complete discretion

in granting or denying an injunction. Regardless of how good the applicant’s
reason is, seeking redress as a matter of right is not attainable. As a result, using
the power to issue an injunction requires extreme caution, awareness, and
forethought. It is a rare and sensitive power that has the ability to cause the
innocent party to suffer losses or disadvantages. As a result, unlike everything
else in the world, an injunction does not come with a guarantee.

A party cannot merely request a temporary restraining order; it cannot be denied

arbitrarily by the Court. The Court has complete discretion in granting or
denying an injunction. The aforementioned ideas reflect the Court’s discretion,
which is exercised in each case depending on the facts and circumstances.
Regardless of how good the applicant’s case is, the relief cannot be sought as a
matter of right. As a result, using the power to issue an injunction requires
extreme caution, awareness, and forethought.

Legal Texts and Commentaries

 Mulla, Dinshaw Fardunji. Mulla: The Code of Civil Procedure
(LexisNexis). One of the most authoritative commentaries, providing in-
depth explanations of each section of the CPC.
 Takwani, C.K. Civil Procedure with Limitation Act, 1963 (Eastern
Book Company). Another widely used reference text.
 Sarkar, A.K. Sarkar's Code of Civil Procedure (LexisNexis). Offers
additional legal perspectives.
 Bangia, RK. Law of Injunctions (Allahabad Law Agency). This book
focuses specifically on injunctions and could be particularly helpful for
your assignment.
Legal Databases
 IndianKanoon: (https://indiankanoon.org/) A vast database containing
cases, statutes, and legal articles. Search with keywords like "injunction,"
"Order XXXIX," or specific case names.

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  Manupatra: (https://www.manupatrafast.com/) Another legal database
with comprehensive content, particularly useful to find case law. (Might
require subscription)
 SCC Online: (https://www.scconline.com/) Known for Supreme Court
reporting and includes a searchable case database. (Might require
subscription)
Law Journals and Reviews
 Journal of the Indian Law Institute (JILI) (https://www.ili.ac.in/)
Publishes scholarly articles on various legal topics. Look for articles
specifically addressing injunctions.

 Supreme Court Cases (SCC) Journal Section – Contains insightful

analyses of recent Supreme Court judgments, sometimes including
discussion of temporary injunction rulings.

 Bar Council of India Law Review – May occasionally have articles on

injunctions or relevant topics in civil procedure.

Websites
 Law Commission of India: (http://lawcommissionofindia.nic.in/) Search
their reports for recommendations on possible reforms to the law on
injunctions, providing legal context and critiques.

 Lawctopus: (https://www.lawctopus.com/) A legal blog with posts and

articles, sometimes addressing temporary injunctions or recent case law
developments.

 LiveLaw: (https://www.livelaw.in/) and Bar and Bench:

(https://www.barandbench.com/): Legal news websites that frequently
report on injunction-related rulings, offering real-world examples.

Tips
 Relevance: Choose sources that closely align with your assignment's
focus. A very general work on civil procedure might be less useful than
one specifically addressing injunctions.

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 Credibility: Prioritize legal texts written by experts, peer-reviewed
journal articles, and established legal websites.

 Citation Style: Ensure you follow the citation style required by your
professor/university (MLA, Chicago, etc.).

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